27BEffect of incorporation of Institutes
1[27B. Effect of incorporation of Institutes.-- (1) On and after the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012,--
(a) any reference to a society in any law, other than this Act, or in any contract or other instrument, shall be deemed as a reference to the corresponding Institute;
(b) all property, movable and immovable, of or belonging to a society shall vest in the corresponding Institute;
(c) all the rights and liabilities of a society shall be transferred to, and be the rights and liabilities of, the corresponding Institute;
(d) subject to the provisions of this Act, every person (including Director, officers and other employees) who is employed in the society, immediately before the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), shall, on and after such commencement, become an employee of the corresponding Institute and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same on the date of the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), as if the said Act had not been promulgated, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by regulations:
Provided that the tenure, remuneration and terms and conditions of service of any such person shall not be altered to his disadvantage without the previous approval of the Central Government;
(e) the Governing Body of every society, shall, from the date of constitution of the Governing Body under sub-section (1) of section 10, stand dissolved and no chairperson or other person shall be entitled to any compensation for the premature termination of the term of his office or of any contract of service;
(f) all committees (including Standing Committee, if any) of the society shall stand dissolved;
(g) any examination conducted by the existing Institute for admission of candidates for award of medical degrees and diplomas by such society shall be valid examination and be deemed to have been conducted by the corresponding Institute.
(2) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947) or in any other law for the time being in force, absorption of any employee by the corresponding Institutes in its regular service under this section shall not entitle such employee to any compensation under this Act or any other law and no such claim shall be entertained by any court, tribunal or other authority.]
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1. Ins. by s. 23, ibid. (w.e.f. 16-7-2012).
- 1 Short title and commencement
- 2 Definitions
- 3 Establishment and incorporation of the Institute
- 4 Composition of the Institute
- 5 Declaration of Institutes as institution of national importance
- 6 Term of office of, and vacancies among, members
- 7 President of the Institute
- 8 Allowances of President and members
- 9 Meetings of the Institute
- 10 Governing Body and other Committees of the Institute
- 11 Staff of the Institute
- 12 Location of the Institute
- 13 Objects of the Institute
- 14 Functions of the Institute
- 15 Payment to the Institute
- 16 Fund of the Institute
- 17 Budget of the Institute
- 18 Accounts and audit
- 19 Annual Report
- 20 Pension and provident funds
- 21 Authentication of the orders and instruments of the Institute
- 22 Acts and proceedings not to be invalidated by vacancies, etc
- 23 Recognition of Medical, dental and nursing qualifications granted by the Institute
- 24 Grant of medical, dental or nursing degrees, diplomas, etc., by the Institute
- 25 Control by Central Government
- 26 Disputes between the Institute and the Central Government
- 27 Returns and information
- 27A Incorporation of Institute registered as society under the Societies Registration Act, 1860
- 27B Effect of incorporation of Institutes
- 27C Provisions of this Act to apply to societies incorporated into All-India Institutes of Medical Science under section 27A
- 27D Power to make transitory provisions for Institutes (other than existing Institute)
- 28 Power to make rules
- 29 Power to make regulations